Samsung filing confirms: Apple could seek even more damages in new trial
Samsung's move to secure a new trial for part of the damages it owes Apple could lead to Apple netting an even higher judgement than the $1.05 billion it already won, as the South Korean conglomerate admitted in a court filing on Friday.
Following Judge Lucy Koh's decision to vacate more than 40 percent of the initial $1.05 billion judgment against Samsung due to improper assignment of damages for some devices, Samsung has been pushing for a wholly new trial for the vacated figure.
Samsung's argument is that the matter is not so simple as having a new jury decide on a damages figure. The new jury, Samsung argues, must reconsider whether the 14 products included in the vacated sum actually infringe on Apple's patents.
On Saturday, FOSS Patents's Florian Mueller pointed out a Samsung filing from Friday. In the late-Friday filing, Samsung notes that "Apple can seek even more damages on these products in the new trial," should the court agree to a full retrial for the affected products.
The acknowledgement of potentially higher damages came in a reply brief meant to bolster its move for a partial final judgment and a stay pending appeal of that partial judgment. The filing also addressed Apple's recent filing pointing out a possible $85 million court error in vacating damages for the Galaxy S II AT&T and Infuse 4G.
Following Judge Lucy Koh's decision to vacate more than 40 percent of the initial $1.05 billion judgment against Samsung due to improper assignment of damages for some devices, Samsung has been pushing for a wholly new trial for the vacated figure.
Samsung's argument is that the matter is not so simple as having a new jury decide on a damages figure. The new jury, Samsung argues, must reconsider whether the 14 products included in the vacated sum actually infringe on Apple's patents.
On Saturday, FOSS Patents's Florian Mueller pointed out a Samsung filing from Friday. In the late-Friday filing, Samsung notes that "Apple can seek even more damages on these products in the new trial," should the court agree to a full retrial for the affected products.
The acknowledgement of potentially higher damages came in a reply brief meant to bolster its move for a partial final judgment and a stay pending appeal of that partial judgment. The filing also addressed Apple's recent filing pointing out a possible $85 million court error in vacating damages for the Galaxy S II AT&T and Infuse 4G.
Comments
http://forums.appleinsider.com/t/156258/judge-vacates-40-of-jurys-1-05b-verdict-in-apple-v-samsung-u#post_2286370
A Samescum story on AI and guess who's the first to post. *sigh*. If the fans left, and the trolls were the only ones here, would the mods notice?
A petition to rid the site of trolls has been set up. Please vote if you are just sick and tired of the blatant highjacking by those anti Apple frequent flyers.
Petition about the trolls on AI
EDIT: Nevermind. I had confused you with someone else. My apologies.
Quote:
Originally Posted by Kr00
A Samescum story on AI and guess who's the first to post. *sigh*. If the fans left, and the trolls were the only ones here, would the mods notice?
What in GG's post (which simply agreed that a higher award was always a chance) did you think was trollish?
For your information boy, he/she didn't prove a thing except their ignorance and blatant lies.
Kr00 makes a valid point, what will be left of AI when only the likes of you, KD, macrulze and the other liars are left?
I'm waiting for the follow up postings from you as you sledge Apple, you start in a nice way but soon lose it with your hatred for all things Apple. Your mo is most obvious, try a little harder boy.
And to preempt all silly questions, she is not American, she is pro-Korean and samdung is Korean.
Her actions clearly prove my point.
Why did you just use the term 'danger'?
Did you just accidentally give away your true nature, instead of displaying your 'balanced' persona?
Samsung bluffs about a new trial when they are counting their lucky stars for the present reduction in charges for the first trial. They'll not push for a new trial. And they'll accept the $85 million error.
In the press, they'll boast of exactly the opposite.
Even if they do lose again they won't stop producing their iDevice clones.
I have to read garbage from GG, yet it's posts stay.
I think there's more danger for Samsung than Apple in the re-trial on those specific handsets. I won't be at all surprised to see higher damages ordered. Samsung was plainly at fault and a re-trial won't change that. The only purpose of the trial will be to set how much Samsung owes Apple for those handsets, not whether they were guilty. That was already determined.
The problem for Apple is any victory will be symbolic rather than financial. This market has become so big that it is strategic in scope and no country will allow consolidation to limit the success of native manufacturers. China is already putting the power and prestige of the communist party behind any obstructions to Apple's growing its success there. The fix is in and Apple isn't the chosen winner. I have been really wondering about Apple's ability to grow organically moving forward. Apple has advantages, but it seems like the quality of the leadership is weaker as far as the ability to find outside talent. Advertising is out of focus, cloud services are still too weak, China Mobile is seeking everyone but Apple, and the legal situation has become so delayed Samsung has already taken a chunk of Apples customers. Justice delayed is justice denied.
I replied to him, yet my posts are gone, at least you realised that its post was way out of line and removed it.
I am making a formal complaint about him/her, have the balls to leave the post alone.
GG you are one obnoxious and toxic individual, your warped mentality leaves a bad taste in everyone's mouth.
Will you please leave. Mods, if he doesn't leave, please ban him immediately.
If you don't, I feel this will be the beginning of the end of AI, and the android, samdung apologists will have won.
I'm serious, people are already posting about leaving AI, true Apple fans, yet the trolls stay and are immune.
I don't ge it.
Quote:
Originally Posted by Gatorguy
I think there's more danger for Samsung than Apple in the re-trial on those specific handsets. I won't be at all surprised to see higher damages ordered. Samsung was plainly at fault and a re-trial won't change that. The only purpose of the trial will be to set how much Samsung owes Apple for those handsets, not whether they were guilty. That was already determined.
It's funny.
As a person who believes that Apple is in the right in this case, and that Samsung has followed the strategy of many modern companies, and thrown their morality to the wind in the pursuit of more power and dollars, I don't think I would have used the term "danger" like you did.
I believe this to be a case of justice being served.
So I'd really love an explanation on why you used the term in a situation where, as you freely admit, Samsung was plainly at fault?
Huh. . . I wouldn't have used the phrase "it's funny" but that doesn't mean anything either.
I've no idea exactly what your confusion is. I think most readers would understand what "danger" refers to: By appealing the award on those particular handsets Samsung may have it backfire on them with even higher damages. I think you believe the same thing.
If you didn't search for hidden meaning in a plainly worded post you would have understood without needing yet another explanation.
Does that clear up your confusion?
You're a bit grumpy the past couple of days. . . You must be on a mission.
(hidden meaning